30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3459

to inclusion in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) and the foaling return must be furnished to NZTR irrespective of whether:

(a) as a result of her covering in the last preceding year the mare foaled, missed or slipped; or

(b) the mare was covered during the last preceding year.

The fee is also payable in respect of a mare which has died leaving a surviving foal.

(2) Every person in whose charge, care or control a mare entered or eligible for entry in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) is at the time of foaling, shall keep a record of such foaling, showing the name and, if unnamed, the age, colour and pedigree of the mare, the date of foaling, the sex and colour of the foal and the name of its sire, and, not later than the 28th February after the date of such foaling, shall notify such particulars to NZTR.

(3) Every notification of particulars of the foaling of any mare duly forwarded pursuant to sub-Regulation (2) may be accepted by NZTR as an application for entry of the foal in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable).

(4) Every person who, being required so to do by these Regulations fails to furnish a return to NZTR by the 28th February in any Racing Year shall be liable for the relevant late entry fee specified by NZTR in respect of that return.

(5) Failure on the part of any person to comply with the provisions of sub-Rule (1), (2) and (4) hereof may be deemed by NZTR sufficient ground for refusing the registration of the horse concerned under the New Zealand Rules of Racing.

(6) If the foaling return for a mare records that she gave birth to a live foal during the period to which the return relates there shall be forwarded with the foaling return not only the fee referred to in Regulation 4 (1) hereof but also the relevant fee specified by NZTR for each live foal to which the mare gave birth during such period which fee shall be to enable the foal to be DNA-typed. If no live foal is so recorded no such additional fee shall be payable provided however that if, contrary to what is recorded on the foaling return, a mare had given birth to a live foal the fee specified by NZTR shall be paid to NZTR when a sample of the hair of that foal is forwarded for DNA-typing. If, after the fee specified by NZTR has been forwarded with a foaling return but before the foal to which it relates has been DNA-typed, a foal dies, NZTR shall refund such fee to the person who paid it.

5A

(1) The relevant fee specified by NZTR shall be payable in respect of each mare for which initial entry as a broodmare in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) is sought. Every person who applies for such initial entry of a mare shall forward to NZTR with such application the certificate of registration issued under the New Zealand Rules of Racing in respect of that mare. NZTR shall then prepare in respect of that mare a document which shall be called a certificate of registration/document of description and which shall be in a form prescribed by NZTR from time to time. NZTR shall thereafter forward to such person or his nominee the certificate of registration/document of description in respect of the mare.

(2) Every person applying for initial entry of a mare as a broodmare in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) shall be sent by NZTR instructions to enable samples of the hair of that mare to be obtained by such person.

(3) It shall be the duty of every such person to obtain at his expense samples, as required by such instructions, of the hair of the mare in respect of which initial entry as aforesaid is sought and secondly to ensure that, within two months of forwarding his application as aforesaid, such samples are forwarded to the laboratory of the Equine Parentage and Animal Genetic Services Centre, Massey University, Palmerston North.

(4) If the samples forwarded are not acceptable to the laboratory further samples shall be obtained and forwarded.

(5) Such laboratory shall, on a basis to be agreed between such Department or University and NZTR, carry out the DNA-typing of all such samples as are so forwarded to it and shall report in respect of such samples to NZTR.

(6) NZTR shall then make a decision in respect of the application for the initial entry of the mare as a broodmare in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable).